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Posted: 6/13/2021 10:36:56 AM EDT
Is it required in Indiana to inform police upon contact (if you are pulled over) if you are carrying?
Link Posted: 6/13/2021 3:07:38 PM EDT
[#1]
Not required, but it is a good idea to do so,I believe it got me out of a really good speeding ticket once
Link Posted: 6/14/2021 9:47:49 AM EDT
[#2]
Not required. There are 2 schools of thought on informing.

#1 it rarely ever results in a benefit to you (usually an officer isn't going to change his/her mind about giving a ticket if you inform). But they can decide to investigate you further, disarm you "for officer safety", or even remove you from the vehicle "until everything comes back clear". So don't inform.

#2 some feel that informing an officer can buy you favor. This may, in some very rare instances get you out of a ticket. In my opinion (backed up by my experiences) if you're down to earth and honest with the officer (yet don't volunteer that you have a gun) they're going to write a warning anyways. I've found State troopers are the most likely to write warnings and locals most likely to write tickets. I've gotten a warning for 25 over before (unfamiliar area, limit dropped from 55 to 30 w/o much warning and I wasn't paying close attention). Every time I've been pulled over by a trooper I've received a warning.

Additionally, many legal experts agree that it's best to not volunteer information unless legally required to do so. Sure, answer questions truthfully if you feel compelled to do so, but don't just volunteer that info.
Link Posted: 6/14/2021 11:47:05 AM EDT
[#3]
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Quoted:
Not required. There are 2 schools of thought on informing.

#1 it rarely ever results in a benefit to you (usually an officer isn't going to change his/her mind about giving a ticket if you inform). But they can decide to investigate you further, disarm you "for officer safety", or even remove you from the vehicle "until everything comes back clear". So don't inform.

#2 some feel that informing an officer can buy you favor. This may, in some very rare instances get you out of a ticket. In my opinion (backed up by my experiences) if you're down to earth and honest with the officer (yet don't volunteer that you have a gun) they're going to write a warning anyways. I've found State troopers are the most likely to write warnings and locals most likely to write tickets. I've gotten a warning for 25 over before (unfamiliar area, limit dropped from 55 to 30 w/o much warning and I wasn't paying close attention). Every time I've been pulled over by a trooper I've received a warning.

Additionally, many legal experts agree that it's best to not volunteer information unless legally required to do so. Sure, answer questions truthfully if you feel compelled to do so, but don't just volunteer that info.
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Cite please?  I was unaware that informing an officer you have a weapon was grounds for them to disarm you. In fact I have successfully declined that in the past.
Link Posted: 6/14/2021 7:46:13 PM EDT
[#4]
I really  believe they already know when they pull you over ,a least one local smaller p.d does.
I was listening in on ham radio a few years back.
Cop pulled car over ,when he gave dispatch the plate number, they responded with possibly Code number
I can't remember, with IN lifetime carry permit
Link Posted: 6/14/2021 10:55:10 PM EDT
[#5]
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Quoted:


Cite please?  I was unaware that informing an officer you have a weapon was grounds for them to disarm you. In fact I have successfully declined that in the past.
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Cite what?

That's like saying "please cite the law that allows you to chew bubble gum". Laws permitting actions aren't common, usually laws are written to disallow or control actions.

There are a multitude of first-hand accounts of such happenings, several court cases, and many PD's that still make it a practice to do such things. I believe there is a more recent (~5 yrs ago) IN Supreme Court case that says without RAS of a crime in addition to the infraction etc you were pulled over for they cannot do that. But LEOs are protected by qualified immunity so they can essentially give a big middle finger to that and let the courts sort it out. Some small departments are just ignorant and/or haven't effectively communicated things like this to their officers. None of that stops an officer from doing the things I mentioned. The practice in Indiana has certainly declined; it used to be VERY common as little as 10 years ago to inform an officer, have him take your gun, unload it, disassemble it, and return it to you, sometimes even asking you to pop the trunk and place it in there...in pieces, just to make certain you can't shoot him as he drives off.
Link Posted: 6/14/2021 11:03:23 PM EDT
[#6]
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Quoted:
I really  believe they already know when they pull you over ,a least one local smaller p.d does.
I was listening in on ham radio a few years back.
Cop pulled car over ,when he gave dispatch the plate number, they responded with possibly Code number
I can't remember, with IN lifetime carry permit
View Quote

How could they know? They may know you have a LTCH but with 1 out of every 4 licensed drivers in Indiana also having their LTCH it's nearly useless info for a LEO.
Link Posted: 6/14/2021 11:11:05 PM EDT
[#7]
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Quoted:

Cite what?

That's like saying "please cite the law that allows you to chew bubble gum". Laws permitting actions aren't common, usually laws are written to disallow or control actions.

There are a multitude of first-hand accounts of such happenings, several court cases, and many PD's that still make it a practice to do such things. I believe there is a more recent (~5 yrs ago) IN Supreme Court case that says without RAS of a crime in addition to the infraction etc you were pulled over for they cannot do that. But LEOs are protected by qualified immunity so they can essentially give a big middle finger to that and let the courts sort it out. Some small departments are just ignorant and/or haven't effectively communicated things like this to their officers. None of that stops an officer from doing the things I mentioned. The practice in Indiana has certainly declined; it used to be VERY common as little as 10 years ago to inform an officer, have him take your gun, unload it, disassemble it, and return it to you, sometimes even asking you to pop the trunk and place it in there...in pieces, just to make certain you can't shoot him as he drives off.
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I said "cite" as a result of you saying "can".  I think "may try to" would be a lot more accurate.  And yes, I DO think there's a big difference there.
Link Posted: 6/15/2021 12:54:17 PM EDT
[#8]
Quoted:
Is it required in Indiana to inform police upon contact (if you are pulled over) if you are carrying?
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It is not required by Indiana law.  

Most attorneys of my acquaintance (all, actually) who are familiar with such matters suggest that you do not offer unsolicited information.  Announcing that you're armed without a compelling reason is a bad idea.  Potential positive results are minimal and potential negative results are significant.
Link Posted: 6/16/2021 2:05:28 PM EDT
[#9]
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Quoted:


I said "cite" as a result of you saying "can".  I think "may try to" would be a lot more accurate.  And yes, I DO think there's a big difference there.
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They absolutely CAN! You think a LEO on a trip won't pull you from your car and cuff you when you refuse to comply? They CAN & will.

Is it acceptable? No
Is it legal? The INSC says no
Do departments still do it? Yes
Link Posted: 6/16/2021 5:04:14 PM EDT
[#10]
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Quoted:

They absolutely CAN! You think a LEO on a trip won't pull you from your car and cuff you when you refuse to comply? They CAN & will.

Is it acceptable? No
Is it legal? The INSC says no
Do departments still do it? Yes
View Quote


Well, all I can tell you is that if I get stopped, I always have the window full down and my hands on the wheel (interior light on if dark) by the time they get to me.  When asked for my license/reg., I politely say "OK, before I move my hands, I just want to make you aware I have a holstered sidearm".  

The three times this "officer safety" shit got trotted out, both times I said "No thanks, lets just keep our guns holstered. No access to triggers seems much safer to me." Twice it was not pushed beyond that, the third one the officer said "I need control of your weapon for my safety", and I replied "No, you WANT control of my firearm so you can run the serial, which you have zero PC to do, so drop it or get your sergeant out here", with "here" being BFE Brown County at 1am.  No sergeant appeared, and neither did my pistol.

Now, if others want to roll over and show an officer their belly out of submission just because he tries to get away with some bullshit, that's their business.




Link Posted: 6/17/2021 9:52:06 AM EDT
[#11]
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Quoted:

Well, all I can tell you is that if I get stopped, I always have the window full down and my hands on the wheel (interior light on if dark) by the time they get to me.  When asked for my license/reg., I politely say "OK, before I move my hands, I just want to make you aware I have a holstered sidearm".  

The three times this "officer safety" shit got trotted out, both times I said "No thanks, lets just keep our guns holstered. No access to triggers seems much safer to me." Twice it was not pushed beyond that, the third one the officer said "I need control of your weapon for my safety", and I replied "No, you WANT control of my firearm so you can run the serial, which you have zero PC to do, so drop it or get your sergeant out here", with "here" being BFE Brown County at 1am.  No sergeant appeared, and neither did my pistol.

Now, if others want to roll over and show an officer their belly out of submission just because he tries to get away with some bullshit, that's their business.




View Quote


Three times?  Given that, do you still think it's a good idea to announce you are armed if the LEO doesn't ask?


Link Posted: 6/18/2021 5:39:53 PM EDT
[#12]
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Quoted:

They absolutely CAN! You think a LEO on a trip won't pull you from your car and cuff you when you refuse to comply? They CAN & will.

Is it acceptable? No
Is it legal? The INSC says no
Do departments still do it? Yes
View Quote View All Quotes
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Quoted:
Quoted:


I said "cite" as a result of you saying "can".  I think "may try to" would be a lot more accurate.  And yes, I DO think there's a big difference there.

They absolutely CAN! You think a LEO on a trip won't pull you from your car and cuff you when you refuse to comply? They CAN & will.

Is it acceptable? No
Is it legal? The INSC says no
Do departments still do it? Yes


I learned something new.  I thought case law allowed them to disarm a motorist.

Quoted:
Quoted:

Well, all I can tell you is that if I get stopped, I always have the window full down and my hands on the wheel (interior light on if dark) by the time they get to me.  When asked for my license/reg., I politely say "OK, before I move my hands, I just want to make you aware I have a holstered sidearm".  

The three times this "officer safety" shit got trotted out, both times I said "No thanks, lets just keep our guns holstered. No access to triggers seems much safer to me." Twice it was not pushed beyond that, the third one the officer said "I need control of your weapon for my safety", and I replied "No, you WANT control of my firearm so you can run the serial, which you have zero PC to do, so drop it or get your sergeant out here", with "here" being BFE Brown County at 1am.  No sergeant appeared, and neither did my pistol.

Now, if others want to roll over and show an officer their belly out of submission just because he tries to get away with some bullshit, that's their business.


Three times?  Given that, do you still think it's a good idea to announce you are armed if the LEO doesn't ask?


The fourth time will surely be different.

I don't inform explicitly, but the stickers give it away anyway.  When they ask, I answer accordingly.  Only on one occasion was the officer slightly annoyed that I didn't tell him for his safety, but gave me a warning anyway (I got stopped by a DUI TF after running two consecutive red lights ).
Link Posted: 6/19/2021 1:06:53 PM EDT
[#13]
Thanks for the replies!  A came and went with no problems.  Beautiful state.
Link Posted: 6/23/2021 9:37:32 AM EDT
[#14]
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Quoted:

The fourth time will surely be different.
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Quoted:

The fourth time will surely be different.


Of course it will!  We all know that if we keep doing exactly the same thing, the outcome will eventually change.  Right?  Oh.  Wait.


Quoted:
I don't inform explicitly, but the stickers give it away anyway.  When they ask, I answer accordingly.  Only on one occasion was the officer slightly annoyed that I didn't tell him for his safety, but gave me a warning anyway (I got stopped by a DUI TF after running two consecutive red lights ).


Stickers?!!  Oy!  

I purposely do not adorn my vehicle with anything that might convey any interest or possession I might have.  I like seeing them on other peoples' cars, though!  You know, the people who are not fraidy cats like me.  Well, I like seeing stickers that agree with my sensibilities, anyway.

I should add a Louis quote to my tagline:  "Gentlemen, this isn't rocket surgery," or maybe "You have to get the deep hits.  It's absolutely man-DAY-t'ry."
Link Posted: 6/23/2021 9:49:29 AM EDT
[#15]
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Quoted:


Three times?  Given that, do you still think it's a good idea to announce you are armed if the LEO doesn't ask?


View Quote



Thread slipped my mind, but here's my reply: yes.

Here's my reasoning, and I am honestly interested in anyone's replies.

I carry in what I refer to as "OC lite", which is my FNP45 with a light, OWB, but with my shirt covering it. Mega-print city.  when I'm in my vehicle, I usually shove my shirt behind the gun, exposing it, in case I need it rapidly and can't take my left hand off the wheel. So, basically, I'm open carrying when driving.

I inform because if the officer, or a trainee, or a backup officer just happens to approach from the passenger side, there's a better than 90% chance they're going to see it anyway, so I'd just as soon make everyone aware, opposed to it being noticed right about the time I'm getting my registration out of the console and, as some would say, "hilarity ensues".
Link Posted: 6/30/2021 10:18:57 AM EDT
[#16]
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Quoted:



Thread slipped my mind, but here's my reply: yes.

Here's my reasoning, and I am honestly interested in anyone's replies.

I carry in what I refer to as "OC lite", which is my FNP45 with a light, OWB, but with my shirt covering it. Mega-print city.  when I'm in my vehicle, I usually shove my shirt behind the gun, exposing it, in case I need it rapidly and can't take my left hand off the wheel. So, basically, I'm open carrying when driving.

I inform because if the officer, or a trainee, or a backup officer just happens to approach from the passenger side, there's a better than 90% chance they're going to see it anyway, so I'd just as soon make everyone aware, opposed to it being noticed right about the time I'm getting my registration out of the console and, as some would say, "hilarity ensues".
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Good luck!
Link Posted: 9/15/2021 11:56:33 AM EDT
[#17]
The last time I was pulled over, the deputy first asked me if I was carrying. About three months ago.
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